Court No. - 6 Case :- WRIT - C No. - 3444 of 2010 Petitioner :- Seth Pal Respondent :- Additional District Collector (Admn.) And Others Petitioner Counsel :- Vishal Khandelwal Respondent Counsel :- C.S.C.,D.D. Chauhan Hon'ble Pankaj Mithal,J.
Heard Shri Vishal Khandelwal, learned counsel for the petitioner.
Argument of the learned counsel for the petitioner is that in
proceedings under Section 122-B (4-A) of the U.P. Z.A. & L.R.
Act for eviction of the petitioner from the Gaon Sabha plot No.
241, petitioner has taken a specific ground that he is not in
possession of any part of plot No. 241 but his Abadi is situate on
Abadi plot No. 244. His application for survey and spot inspection
was not considered and without recording any finding that the land
of the petitioner is part of plot No. 241, the suit had been decreed.
The revision preferred by the petitioner against the same has also
been dismissed in so far as the eviction is concern.
Learned Standing Counsel has accepted notice for respondent Nos.
1, 2 and 4 and Sri D.D. Chauhan, has accepted notice on behalf of
respondent No.3. They pray for and are allowed a month’s time to
file counter affidavit. Two weeks thereafter are allowed to the
petitioner for filing rejoinder affidavit.
List after expiry of the aforesaid period.
Until further orders of this Court, the eviction of the petitioner
from the Khasra plot No. 241 area 0.1210 hec. shall remain stayed.
Order Date :- 27.1.2010
S.S.